Surendra Kumar Yadav Vs U.O.I. Thru. Secy. Ministry of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Surendra Kumar Yadav Vs U.O.I. Thru. Secy. Ministry of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the opposite parties to take a final decision within eight weeks on payment of the claimed benefits in the light of Ashok Kumar Shukla (supra), if applicable, and, if the petitioner is found entitled, to ensure actual payment within eight weeks thereafter. The Court did not itself adjudicate entitlement or award interest.

Issue for consideration

Whether the petitioner is entitled to a direction for payment of interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment. +1 more

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the claimed benefits (interest on delayed privilege leave encashment) in the light of the judgment in Ashok Kumar Shukla (supra), in case the same is applicable.

Ratio / Principle

The final decision shall be taken within a period of eight weeks from the date a certified copy of the order is produced before the said authority.

Key takeaways

If the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter.ratio¶4

Detailed headnote1 paragraphs

WRIT - A No. 2150 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 5), decided 21.2.2025 by Hon'ble Abdul Moin, J.; Neutral Citation 2025:AHC-LKO:11219. Surendra Kumar Yadav v. U.O.I. Thru. Secy. Ministry of Communication, New Delhi and 2 Others. The petitioner sought a direction for payment of interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment, submitting that his case was covered by the coordinate-Bench judgment in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, decided 3rd March 2023), stated to have been upheld in Special Appeal (Defective) No. 72 of 2024 (6th February 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (8th April 2024). Without adjudicating entitlement, the Court disposed of the writ petition directing the opposite parties to take a final decision on the claimed benefits in the light of the Ashok Kumar Shukla judgment, if applicable, within eight weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment was to be ensured within eight weeks thereafter.

Neutral Citation No. - 2025:AHC-LKO:11219

Court No. - 5

Case :- WRIT - A No. - 2150 of 2025

Petitioner :- Surendra Kumar Yadav Respondent :- U.O.I. Thru. Secy. Ministry Of Communication New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Anil Kumar Yadav, learned counsel for petitioner, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3.

Petition has been filed seeking a direction to the concerned authority for payment of interest at the rate of 7% per annum on the delayed payment of post retiral benefits of privilege leave encashment.

It is submitted that petitioner's case is covered by judgment rendered by Co-ordinate Bench of this Court in Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others decided vide judgment and order dated 3rd March, 2023 and was upheld in Special Appeal (Defective) No. 72 of 2024 vide judgment and order dated 6th February, 2024 as well as by Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 decided vide judgment and order dated 8th April, 2024.

Considering the aforesaid aspects, the opposite parties are directed to take a final decision with regard to payment of aforesaid benefits in the light of judgment rendered by this Court in the case of Ashok Kumar Shukla (supra), in case same is applicable. Final decision shall be taken within a period of eight weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter.

With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 21.2.2025 A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench